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Child Custody Archives

Can a custodial parent move out of state with the children?

Moving your children out of Minnesota is a major change in their lives and has a great effect on their other parent. It requires careful consideration and the court's involvement. According to The Office of the Revisor of Statutes, if you plan to take your children outside of the state to live, you must get the permission of the court. You may be able to bypass going to court if you get the permission of your children's other parent. This would need to be in a signed document detailing the move. Leaving without such permission could subject you to serious legal complications.

Study: Joint custody may be best for children

Children whose parents choose to terminate their marriage may negotiate a parenting plan that ends in either sole custody or joint custody of the child. Although one parent may want to have sole custody and keep the child the majority of the time, studies show that this may not be the best option for kids. Researchers have found that in most cases, children who live in a joint custody household may have advantages over kids who are raised in a sole custody arrangement.

What are a grandparent’s right for visitation?

The laws concerning divorce and child custody in Minnesota can be confusing at times, especially if you are not an immediate part of the family. If you are a grandparent seeking custody or visitation for your grandchild, you may be concerned about what rights you have. There are several different situations, and each has a unique possible outcome.

Factors involved in child support modification

Although your divorce settlement may contain a child custody arrangement, this arrangement is not always set in stone. Life changes occur and you may need to file for a modification to your child custody agreement. There are certain circumstances in which you can file for a child custody modification; however, before you can complete this important step, you may want to consider what is in the best interest of your child. At Huson Law Firm, we understand that child custody modification may be necessary in some situations.

Does substance abuse impact divorce and child custody disputes?

Substance abuse is a common reason that many marriages end. One spouse becomes addicted to a particular substance and it slowly poisons the marriage until one of the partners is unable to stay. This sad story plays out time and again all over the country. If you are engaged in a child custody dispute and the other spouse is a current or former drug abuser, it is highly likely to influence the courts determinations.

The basics of obtaining a relocation order

A relocation or "move away" order is a court order that allows parents to move their children to a new residence either in the same state or out of state. Relocation orders are, typically, difficult to obtain because the court is loath to allow one parent to remove the child from the immediate access to the other parent. The courts accept the general notion that it is in the best interests of the child if both parents participate in his life, therefore relocation orders that break that mold is difficult to obtain.

What to do if your visitation rights are being violated

Divorce can bring out the worst in people. Couples who had previously pledged to love one another forever are suddenly fighting tooth and nail over every speck of their joint assets. Sometimes, this animosity can boil over and impact decisions about child custody and visitation during the divorce process. In cases where the other party is not complying with your court ordered right to visitation, tensions can run particularly high.

Visitation rights and same-sex couples

While same-sex couples gained the right to marry and have that marriage recognized in all 50 states, other family-oriented laws have not yet caught with this new reality. Same-sex couples may assume that, upon divorce, they are entitled to a joint custody arrangement, the same as heterosexual couples. But they would be wrong. Unfortunately, many state laws still rely on the notion of "biological parentage" which can impede a same-sex partner from contesting their parental rights. This post will go over biological parentage and how it may affect you.

Can you withhold support payments in a child custody dispute?

The facetious answer is, you can do anything. But the smart answer is, you should almost never, ever withhold support payments. The court takes a dim view of anyone who tries to leverage their parental obligations and paying child support is a parental obligation. Legally, child support is owed to the child, so if you withhold it, you are only hurting your child. The court naturally interprets these actions in a very negative light. Often withholding support can backfire and hurt your chances of modifying child custody.

Avoid parenting plans inspired by strong negative emotions

If you and your child's other parent have opted to separate or divorce, you are likely struggling with a host of challenging emotions right now. Many of those emotions may be tied to the idea of transitioning your child from a two-parent household to two households each inhabited by single parents. There is no question that this transition will not always be easy, and you have every reason to be processing strong emotions at present.

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